Department of Health & Mental Hygiene v. Dillon - New York City Office Of Administrative Trials and Hearings
Facts: Ronald Dillon worked for the New York City Health Department, and in his current position, took calls on an information-technology line from other city workers and the public. For a sixth month period in 2012 and 2013, Dillon apparently abandoned service requests, improperly transferred tickets to another desk and failed to provide correct descriptions of requests. Perhaps most important to this blog post, Dillon answered the phone in an "unprofessional, robotic voice" and stated: "You have reached the help desk. This is Mr. Dillon. How may I help you?" As the call went on, Dillon would apparently revert to a "normal tone", but callers complained and Dillon was warned to stop talking on the phone in a robotic voice. When Dillon continued to answer the phone in this manner, he was suspended without pay for 20 days. Dillon subsequently contested this decision and claimed he was being unfairly singled out.
Holding: The Administrative Law Judge disagreed with Dillon's position that he should not have been suspended without pay. The Judge pointed to the fact that Dillon had been warned that his behavior was not acceptable and that many complaints had been received as a result of his "robotic" telephone calls. As to Dillon's argument that he was simply speaking carefully because he had a Brooklyn accent that some people had a hard time understanding and Dillon's boss was harassing him, the Judge was unswayed. In essence, the Judge held that Dillon appeared to be a disgruntled employee that was simply acting out.
Holding: The Administrative Law Judge disagreed with Dillon's position that he should not have been suspended without pay. The Judge pointed to the fact that Dillon had been warned that his behavior was not acceptable and that many complaints had been received as a result of his "robotic" telephone calls. As to Dillon's argument that he was simply speaking carefully because he had a Brooklyn accent that some people had a hard time understanding and Dillon's boss was harassing him, the Judge was unswayed. In essence, the Judge held that Dillon appeared to be a disgruntled employee that was simply acting out.
Judgment: The Administrative Law Judge held that Dillon was properly suspended without pay as a result of his unprofessional conduct in answering the phone in a robotic voice, even when told to stop by his supervisor.
The Takeaway: Beyond 'don't talk like a robot' while on the phone at work when it comes off as a disgruntled employee? I think the important thing to keep in mind is when a supervisor reprimands you not to do something after complaints are made, and you still keep doing it, you do not have much ground to stand on when you are subsequently disciplined for acting out.
Majority Opinion Judge: Administrative Law Judge Miller
Date: October 7, 2014
Opinion: http://archive.citylaw.org/wp-content/uploads/sites/17/oath/14_Cases/14-108.pdf
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